
In 2022, three real estate developers barged into Superior Court and demanded that the judge force Chatham Borough to let them build a 100+ unit apartment project on public parking lots and private land in Post Office Plaza, including the Cottage Deli property. https://chathamchoice.org/2022/06/what-now/
The judge refused. Instead of forcing the Borough to accept a large apartment building, he allowed the Borough to substitute a 15-unit, 100% affordable apartment house on one of the public parking lots at Post Office Plaza. https://chathamchoice.org/2022/11/great-news/
End of story? Nope.
On Wednesday, one of those developers went back into court, seeking to force the Borough to let them replace the Cottage Deli and its next-door-neighbor with a four-story, 43-unit, 15% affordable apartment project, as part of the Borough’s Fourth Round affordable housing obligation.
See it here:

Challenge filed 27 August 2025 by Vertical Realty, owner of 23 S. Passaic Avenue (0.4098 acres, block 121/lot 13) and 33 South Passaic Avenue (0.24 acres, block 121/lot 12):
[Vertical’s 27 October follow-up to the response filed by Chatham Borough:
Since then, two more challengers have filed formal objections to the Borough’s housing plan, demanding that the Court scuttle and revamp it:
Challenge filed 2 September 2025 by Danbro Properties, would-be developer of 45 River Road (0.2045 acres, block 140/lot 5) and 55 River. Road (0.2394 acres, block 139/lot 4.)
Check out this Challenge filed 29 August 2025 by Fair Share Housing Center:
Case Docket:
Who will decide those challenges? https://www.njcourts.gov/courts/civil/affordable-housing
What do those challenges mean for Chatham Borough? Ask the Mayor: https://www.chathamborough.org/government/mayor
Stop by the next Borough Council meeting, 7:30 pm, Monday, September 8, 2025 at Borough Hall, 54 Fairmount Avenue. (Use the north entrance; take the elevator to the upper level.)
